Tort Law | Strict Liability | Alabama Law | | Shannon Martin | 12/22/2011 | | Alabama Tort Law is the only truly comprehensive resource on tort law in Alabama. With expert discussion of proof requisites and defenses‚ it covers all the elements of each tort actionable under Alabama law. It provides the information necessary to determine if there is a case and what is needed to prove or defend it. Alabama Tort Law not only provides up-to-date coverage of relevant case law and analysis
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Strict Liability Amanda Self BA265 Business Law II Abstract While shopping at Carl’s Hardware Store he was injured by a nail gun that Dan‚ an employee was using. When he noticed that the nail gun was assembled improperly he decided to sue the manufacture of the product‚ Eagle Tools Inc. Under strict liability‚ the manufacture has a liability to make sure that all the products that they sell are in working and safe conditions. While this product fits the requirements that strict liability covers
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DEFENCES TO NEGLIGENCE Up to the D to prove that the P’s also did not exercise the same reasonable standard of care for the community CONTRIBUTORY NEGLIGENCE * Contributory negligence involves a failure by the P to take reasonable care for his or her own safety that contributes to his or her damage * Apply section 5R – need to show that the P failed to take reasonable care for his or her safety or for the protection of the P’s interest * It is an objective standard that
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Topic/Subtopic Cases/Law Facts /Quotation/Principle/Definition Negligence. Definition Blyth v Birmingham Waterworks Co (1856) 11 Ex. 781‚ per Alderson B ‘Negligence is the omission to do something which the reasonable man‚ guided upon those considerations which ordinarily regulate the conduct of human affairs‚ would do‚ or do something which a prudent and reasonable man would not do.’ The tort of negligence Negligence is about fault based liability. The plaintiff must prove on the balance of probabilities
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LAW Torts 1 – Negligence: elements of liability Objectives The law of tort has already been mentioned in other topics in a comparative sense. After studying this topic you should be able to: • discuss the nature of tort law; • explain the various interests protected by tort law; • describe the three essentials of the tort of negligence; • apply the test of reasonable foreseeability in relation to the duty of care; • explain the circumstances in which a duty of
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The issue is whether the defendant Sykt Jebat can be held liable for the damages suffered by the plaintiffs‚ Sam‚ Jojo and Lan under the law of Occupiers’ Liability. Occupiers’ liability concerns injury caused to a plaintiff as a result of defective condition of the land‚ building and premises. In order to establish occupiers’ liability‚ the occupier must have a sufficient degree of control over the premise. Lord Denning in Wheat v Lacon & Co Ltd (1966) held that “whenever a person has a sufficient
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Products Liability Research Paper By Bobby Brown Sunbeam is an American made brand that has produced various household appliances since 1910. Their products have included the Mixmaster mixer‚ the Sunbeam waffle iron‚ Coffeemaster‚ and an automatic toaster. In 1928‚ the company’s head designer‚ Swedish immigrant Ivar Jeppsson‚ invented the Mixmaster mixer. Introduced to the public in 1930‚ it was the first mechanical mixer with two detachable beaters whose blades interlocked. Barbara Thompson
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ERM and Product Liability Tort LAW 531/Business Law ERM and Product Liability Tort The product liability video scenario presents a dispute between Quick Takes Video and Non-Linear Pro. Non-Linear Pro leased a video editing system to Quick Takes Video. It is the opinion of Quick Takes Video that the editing system is not performing as promised. Since it appears that Non-Linear Pro has misrepresented the quality of the product‚ Quick Takes Video can bring a lawsuit to Non-Linear Pro for breach
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was only made public after a freedom of information act request was made. How the request was made; an individual that had knowledge of the tape informed a person that the was acquainted with and knew‚ that this tape needing to been revealed. The tape existed for well over a year with no in in the public being able to see it‚ until this request was made. In this case I can see two of the torts being
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Assuming A is a New Zealand citizen‚ A’s personal and mental injuries may be covered under this Act. We are not told whether A’s injury occurred within New Zealand‚ but the Act does have extraterritorial application. If A can recover under the Act for mental injury then s317 will be employed and he will be prevented from pursuing common law action. 1.1 ISSUE: Section 26 Personal Injury Accident Compensation Act s26: (1) Personal injury means – ... (b) physical
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